"42 In section 36 (reviews of sentencing), in subsection (2), for the words from "erred in law" onwards there is substituted
"(a) erred in law as to his powers of sentencing; or
(b) failed to impose a sentence required by
(i) section 51A(2) of the Firearms Act 1968;
(ii) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; or
(iii) any of sections 216 to 219 of the Criminal Justice Act 2003.""
Page 311, line 17, at end insert

"Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

58A In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)
(a) in subsection (1)
(i) in paragraph (a), sub-paragraph (i), and the succeeding "or", are omitted, and
(ii) after paragraph (a) (ii) there is inserted "or
(iii) subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the "1997 Act") apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 254(2) of, or paragraph 3(1)(a) of Schedule 18 to, the Criminal Justice Act 2003;", and.
(iii) for "28(2)(b) or 82A(2) or paragraph" there is substituted "82A(2), 28(2)(b) or 254(2) or paragraph 3(1)(a) or".
(b) in subsection (5)(b)
(i) for "the Crime (Sentences) Act 1997" there is substituted "the 1997 Act", and

Page 312, line 37, leave out from "for" to end of line 38 and insert ""a community punishment order" there is substituted "an unpaid work requirement""

Page 313, line 43, leave out from beginning to "subsection" and insert

"(1) Section 31(duration and conditions of licences) is amended as follows.
(2) In subsection (3), for the words from "except" onwards there is substituted "except in accordance with recommendations of the Parole Board".
(3) Subsection (4) is omitted.
(4) In"
Page 313, line 45, at end insert

"68A In section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted
"(5) Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.""
Page 313, line 45, at end insert

"68B (1) Schedule 1 (transfers of prisoners within the British Islands) is amended as follows.
(2) In paragraph 6, after sub-paragraph (3) there is inserted
"(4) In this Part of this Schedule
"the 2003 Act" means the Criminal Justice Act 2003;
"custody plus order" has the meaning given by section 174(4) of that Act;
"intermittent custody order" has the meaning given by section 176(2) of that Act."
(3) In paragraph 8 (restricted transfers from England and Wales to Scotland)
(a) for sub-paragraph (2)(a) there is substituted
"(a) sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.
(b) for sub-paragraph (4)(a) there is substituted
"(a) sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

14 Oct 2003 : Column 924

(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and", and.
(c) for sub-paragraphs (5) to (7) there is substituted
"(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a relevant officer of such local authority as may be specified in the licence".
(4) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)
(a) for sub-paragraph (2)(a) there is substituted
"(a) sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.
(b) for sub-paragraph (4)(a) there is substituted
"(a) sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.
(c) for sub-paragraphs (5) to (7) there is substituted
"(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides".
(5) In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph (5) is omitted."
Page 313, line 45, at end insert

"68C In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted."